Decided on December 27,2006

P. Parshotam Appellant
STATE OF J AND K Respondents


HAKIM IMTIYAZ HUSSAIN, J. - (1.) THIS criminal first appeal is directed against the judgment and order dated 8.7.2004 and 12.7.2004 in case FIR No. 106 of Police Station Shergarhi, Srinagar State v. P. Parshotam (File No: 450/B of 2001) of 2nd Additional District and Sessions Judge, Srinagar by means of which he has convicted the appellant P. Parshotam under Section 302 RPC and has sentenced him to life imprisonment (simple) besides a fine of Rs. 5,000/ - has also been imposed on him.
(2.) THE trial Court too has made a reference for confirmation of the sentence passed by him against the appellant being Cr. Reference 32 of 2004. Background facts in a nutshell are as under: The appellant is charged of having murdered two of his colleagues namely Constable driver D. Naginder Redy No. 91313411 and constable driver Om prakash No. 941370977. The appellant as well as the deceased were working as constable drivers in the 122 Bn. CRPF. At the time of occurrence they were posted at the Headquarter of the Bn. at M.T. Indoor Stadium, Srinagar. It is alleged that on 15th October, 2001 at about 8.50 P.M. when all the three were sitting together some altercation took place between the appellant and deceased Naginder Redy. Om Prakash who was also present there intervened, that the appellant turned violent and took 9MM carbine of Constable Om Prakash, bearing No. 15221125, with Butt No. 134, into his hands and fired upon constable Driver Om Prakash and Naginder Redy with intention to kill them. Om Prakash died on spot while as the other constable Naginder Redy died on the way to hospital.
(3.) AN FIR 106/01 Under Section 302 RPC was registered about the incident in Police Station Sheergari. Station House Officer of the Police Station started the investigation. He inspected the spot, prepared the site plan of the place of occurrence, seized the weapon of offence and took other procedural steps including recording of the statements under Section 161 Cr. P.C. and sending the dead bodies for post -mortem. The appellant was arrested and on completion of the investigation a challan was filed against him before the Court of Chief Judicial Magistrate, Srinagar who committed the same to the Court of Principal District and Sessions, Judge Srinagar on 26.11.2001, from where the case was sent to the Court of 2nd Addl; Session Judge for disposal under law.;

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